WELCOME TO SWEET YIELD ONLINE
Terms and Conditions of Purchase
These Terms and Conditions of Purchase (these “Terms and Conditions of Purchase”) sets forth your rights and responsibilities for accessing the Sweet Yield Online membership www.sweetyieldonline.com and its sub-domains and affiliated sites, as well as Sweet Yield Online, LLC’s (“Sweet YIeld Online” “my”, “me” or “I”) pages and accounts on Facebook®, Instagram®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. This document constitutes a legally binding contract between Sweet Yield Online, LLC (“Sweet Yield Online”) and other associated materials and sites linked hereto and operated or controlled by Sweet Yield Online, LLC (herein referred to as “Company”), and you regarding your purchase of video webinar content, website content, and printable materials (herein referred to as the “Program” or “Program Materials”). The program shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms and Conditions”) and privacy policy (“Privacy Policy”). These Terms and Conditions of Purchase, the Terms and Conditions, and the Privacy Policy are collectively referred to herein as this “Agreement.” In the event of any conflict between these documents with respect to your purchase, these Terms and Conditions of Purchase shall prevail over the Terms and Conditions; and the Terms of Use shall prevail over the Privacy Policy. By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program.
THE SECTION BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THIS SECTION AFFECTS YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ THEM.
1. PRICES AND PAYMENT TERMS
The prices for the Program shall be as stated:
- The price for the program is $14.99/month
- Payment shall be made by credit or debit card.
- Upon purchase, you will receive a username and password for each subscription you purchase in the Order. For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product.
2. REFUND POLICY
No refunds will be issued. You may cancel your subscription at any time by logging into your account and canceling your subscription in settings.
3. INTELLECTUAL PROPERTY
You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by Sweet Yield Online, LLC and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and Sweet Yield Online, LLC will prosecute such misconduct to the fullest extent permitted by law.
Sweet Yield Online, LLC provides you with the Products solely for your own personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of Sweet Yield Online LLC’s rights or that has not been authorized by Sweet Yield Online, LLC. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Sweet Yield Online, LLC, the Products, or the Product Content, or infringe on any of Sweet Yield Online, LLC’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Sweet Yield Online LLC and/or its licensors, which reserve all of their rights, title, and interest in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF Sweet Yield Online LLC AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of Sweet Yield Online, LLC (the “Sweet Yield Online, LLC Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Sweet Yield Online, LLC. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the trademark as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Sweet Yield Online, LLC Trademarks inures to our benefit.
4. WAIVER AND RELEASE OF LIABILITY
I, (student or parent of student) in consideration of services rendered, and instruction from and by Sweet Yield Online, LLC hereby agree to the following:
I wish to engage the services of Sweet Yield Online, LLC and its staff for the purpose of online and virutal dance, movement, yoga instruction and training. I agree to abide by the rules and regulations of Sweet Yield Online, LLC and may, from time to time, be published and amended. I will conduct myself in a reasonably prudent and safe manner at all times while participating in online and virutal dance, movement, yoga instruction and training. I acknowledge and understand that online and virutal dance, movement, yoga instruction and training instruction involves risk of harm, injury, loss, or damage to myself and to others.
I ACKNOWLEDGE AND FULLY UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED IN PARTICIPATING IN THE ACTIVITY, WHICH MAY INVOLVE THE RISK OF INJURY, DISABILITY, OR OTHER HARM TO MYSELF OR TO OTHERS. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, OR DAMAGE, WHICH I, OR MY GUESTS OR INVITEES, MAY SUFFER, WHETHER CAUSED BY THE NEGLIGENCE OF SWEET YIELD ONLINE OR OTHERWISE.
Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time and assume such risks. I herby hold harmless and indemnify Sweet Yield Online, LLC for any and all loss, harm, damages, or injuries to my person or property, including, but not limited to, legal damages, compensatory damages, punitive damages, costs and expenses of litigation and attorney’s fees.
I HAVE READ AND UNDERSTAND THE ABOVE WARNING, WAIVER, AND RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/ GUARDIAN AS EVIDENCED BY THEIR SIGNATURE BELOW. FURTHERMORE, I AFFIRM THAT I HAVE THE REQUISITE AUTHORITY TO SIGN THIS AGREEMENT.
5. THIRD-PARTY MATERIALS AND WEBSITES
Sweet Yield Online, LLC may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by Sweet Yield Online, LLC of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Sweet Yield Online, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Sweet Yield Online, LLC will not be liable for your improper use of third-party materials and websites. Any affiliate links that linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links. Company marks (whether or not registered) may not be used for any reason without written permission. Client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of Company.
6. REPRESENTATIONS AND WARRANTIES
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, SWEET YIELD ONLINE, LLC DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCTS, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.
LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) SWEET YIELD ONLINE, LLC, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
7. ADDITIONAL TERMS AND CONDITIONS
A) GOVERNING LAW. The Parties have entered into this Agreement in the State of Oklahoma and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Oklahoma, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Oklahoma and that venue of any action will be located in the District Court of Oklahoma County, Oklahoma.
B) BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
C) TERMINATION. Sweet Yield Online, LLC is committed to providing all customers with a positive experience. If you fail, or Sweet Yield Online, LLC suspects that you have failed, to comply with any of the provisions of this Agreement, Sweet Yield Online, LLC, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or your participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Sweet Yield Online, LLC under this Agreement will survive expiration or termination of this Agreement for any reason.
D) MODIFICATIONS AND AMENDMENTS. Sweet Yield Online, LLC reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Sweet Yield Online, LLC’s website or you may be notified by either email or postal mail. If you have any questions, please contact us directly at [email protected].
E) INDEMNIFICATION. To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
F) BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF OKLAHOMA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
G) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Sweet Yield Online, LLC’s intellectual property rights and confidential and proprietary information by you, Sweet Yield Online, LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Sweet Yield Online, LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Oklahoma County, Oklahoma, United States of America for purposes of any such action by Sweet Yield Online, LLC.
H) ENTIRE AGREEMENT, COMPLIANCE WITH LAW, WAIVER. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third-party beneficiary. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.